Chapter 1: Scope of guidance and definition of an allocation

The purpose of the code, definition of an allocation, and guidance on allocations to existing social tenants.

1.1 This guidance is issued to local housing authorities (‘housing authorities’) in England under section 169 of the Housing Act 1996 (‘the 1996 Act’). Housing authorities are required to have regard to it in exercising their functions under Part 6 of the 1996 Act (‘Part 6’). Housing authorities must also have regard to any additional statutory guidance where appropriate.

1.2 In so far as this guidance comments on the law, it can only reflect the Department’s understanding of it.

Definition of an ‘allocation’

1.3 For the purposes of Part 6, a housing authority allocates accommodation when it:

  • selects a person to be a secure or introductory tenant of accommodation held by that authority
  • nominates a person to be a secure or introductory tenant of accommodation held by another housing authority
  • nominates a person to be an assured tenant of accommodation held by a private registered provider (or registered social landlord in Wales) (section 159(2))

1.4 The term ‘assured tenant’ includes a person with an assured shorthold tenancy. ‘Secure tenant’ includes a person with a flexible tenancy granted under section 107A of the Housing Act 1985 1 .

Allocations to existing tenants

1.5 Provisions in relation to existing tenants are contained in section 159(4A) and (4B). These provide that Part 6 does not apply to an allocation of accommodation by a housing authority to a tenant of a local authority or private registered provider unless:

  • the allocation involves a transfer made at the tenant’s request, and
  • the authority is satisfied that the tenant has reasonable preference.

Accordingly, social tenants applying to the housing authority for a transfer who are considered to have reasonable preference for an allocation must be treated on the same basis as new applicants in accordance with the requirements of section 166A(3).

1.6 Transfers at the tenant’s request, where the authority is satisfied the tenant does not have reasonable preference, do not fall within Part 6 and housing authorities may set their own transfer policies in relation to these tenants. Authorities should consider how to make the best use of this flexibility. Providing tenants with greater opportunities to move within the social sector can help promote social and economic mobility and make the best use of social housing stock.

1.7 Authorities should consider the importance of giving social tenants who underoccupy their accommodation appropriate priority for a transfer. This will be important in light of the measure in the Welfare Reform Act 2012 which reduces Housing Benefit entitlement for working age social sector tenants who under-occupy their property (measured in accordance with the Local Housing Allowance size criteria) 2 . Authorities should also consider whether there are other provisions that might make it more difficult for under-occupiers to move, such as a prohibition against tenants with minor rent arrears transferring, and the scope for removing or revising these in relation to under-occupiers.

1.8 Housing authorities may decide to operate a separate allocation system for transferring tenants who are not in the reasonable preference categories (with a separate waiting list and lettings policy) or to continue with a single allocation system which covers all applicants but which, for example, rewards transferring tenants with a good tenancy record, or gives a degree of priority to those who want to move for work 3 .

1.9 Transfers that the housing authority initiates for management purposes do not fall within Part 6. These would include a temporary decant to allow repairs to a property to be carried out. The renewal of a flexible tenancy in the same property also does not fall within Part 6; neither do mutual exchanges between existing tenants, including exchanges between secure and assured tenants and those with flexible tenancies (under section 107A of the Housing Act 1985). Other specific exemptions from the provisions of Part 6 are set out in section 160 of the 1996 Act and the Allocation of Housing (England) Regulations 2002.

Footnotes

(1) Inserted by section 154 of the Localism Act 2011. ↩

(2) The Local Housing Allowance size criteria allow one bedroom for each: adult couple; any other adult (aged 16 or over); two children of the same sex aged 10 or over; two children under 10 regardless of sex; any other child. ↩

(3) For transferring tenants who need to move for work related reasons housing authorities are referred to the Right to Move and social housing statutory guidance which was published on 27 March 2015. ↩